Three former Penn State administrators accused of covering up Jerry Sandusky's child sex abuse want testimony thrown out and charges dismissed.

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On Tuesday, former Penn State administrators Gary Schultz, Tim Curley and Graham Spanier were no shows at the appeal heard by three Superior Court judges.

Inside the courtroom defense attorneys wanted the testimony of former Penn State counsel Cynthia Baldwin thrown out, arguing she violated attorney client privilege. They say she represented the three former administrators before the grand jury investigating Jerry Sandusky only to provide damaging testimony against them during a later investigation that led to perjury and other charges.

The Attorney General's Office argues that Baldwin was representing the university and made that clear to the defendants.

If the judges grant the appeal, it would be a serious blow to the attorney general's case. If it rejects it, the case could soon head to trial.